Charged with Drink Driving? You're Not Alone - We're Here to Help.

Under the Road Transport Act 2013, drink driving laws in NSW were significantly updated in May 2019.

One key change allows police to issue immediate licence suspensions on the spot for certain offences.

For low range drink driving, penalties can now include fines and instant licence disqualification without needing to appear in court.

These reforms aim to deliver swift consequences and improve road safety.

In NSW, drink driving offences are categorised based on the driver’s blood alcohol concentration (BAC) and licence type.

The main categories are:

• Novice Range: 0.00 to 0.019 BAC – applies to Learner, P1 or P2 drivers.
• Special Range: 0.02 to 0.049 BAC – applies to Learner, P1 or P2 drivers, or drivers of buses and taxis.
• Low Range: 0.05 to 0.079 BAC.
• Mid Range: 0.08 to 0.149 BAC.
• High Range: 0.15 BAC and above.

Each category carries different penalties and legal consequences.

If you’ve been charged, it’s important to seek legal advice specific to your situation.

Penalties for drink driving vary depending on the severity of the offence.

In most cases, drivers face:

• Fines
• Licence disqualification for a period set by the court or law
• Criminal convictions, particularly for mid and high-range offences
• Participation in the Mandatory Interlock Program for mid-range and high-range offences, unless an exemption is granted

The Mandatory Interlock Program requires eligible offenders to install an alcohol interlock device in their vehicle once they regain their licence.

For a full breakdown of limits, penalties, and disqualification periods, refer to our Drink Driving Penalties Table.

Generally, upon sentencing you for a drink driving offence, the court has the power to impose the following penalties:

1. A Non-Conviction Order with no further penalty (or Section 9(1)(a) order. This order means that the offence is proven, but no criminal conviction is recorded on your criminal record, and no further penalty applies. The matter is simply dismissed with no further penalty.
2. A Non-Conviction Order (or Section 9(1)(b) order). This is a good behaviour bond without a conviction. You will need to remain of good behaviour (and not breach the good behaviour bond through the commission of another offence that brings you back before the court) for the duration of the good behaviour period.
3. A conviction with no further penalty pursuant to Section 10A. This means you have been convicted of the offence (and it appears on your criminal record) but no further penalty applies.
4. A Good Behaviour Bond with Conviction. There are two types of good behaviour bonds with conviction; first, the Conditional Release Order with conviction. This is a good behaviour bond for a period of time with a conviction on your criminal record. The second is a Community Corrections Order. This is also a good behaviour bond for a period of time and usually is accompanied with either community service or supervision.
5. Community Service Order. This is an order that you perform a certain amount of community service hours. Usually, the community service hours are accompanied by a good behaviour bond and usually the community service hours need to be completed during the duration of the good behaviour bond. The court needs to assess you as suitable to undertake community service if an order of this type is imposed by the court.
6. An Intensive Corrections Order. This is an alternative to full-time jail. This order is usually imposed for very serious offending and is a direct alternative to you spending time in jail. An Intensive Corrections Order is usually ‘intense’, and will incorporate community service hours, a good behaviour bond, and stringent conditions during the duration of the order. If you breach an Intensive Corrections Order, the Parole Authority has the power to impose a period of full-time jail upon you (depending on the level of the breach).
7. Full-time jail. This is an order that you spend a certain period of time in jail. Serious drink driving offences and repeat offences generally attract these penalties. An order imposing full-time jail is usually an order of last resort, and the court must consider the availability and appropriateness of other alternative penalties before imposing a period of full-time jail as a penalty. It is important that you are represented by a knowledgeable and competent criminal defence lawyer if charged with serious drink driving offences.

The Mandatory Interlock Program applies to drivers convicted of mid-range and high-range drink driving offences in NSW.

In most cases, police can also issue an immediate roadside licence suspension.

Under this program, drivers are required to:

• Install an alcohol interlock device in their vehicle
• Blow a zero-alcohol reading into the device to start the engine
• Use the device for a court-mandated period after serving their disqualification

This program is designed to prevent repeat offences and promote road safety.

If you or someone you know has been charged with drink driving, contact Rezae & Co Lawyers.

We specialise in drink driving law and can help you navigate your options.